Common use of Construction of Improvements Clause in Contracts

Construction of Improvements. All work performed by Tenant’s contractor shall comply with all applicable ordinances, codes and regulations and shall be performed in a good and workmanlike manner. Tenant shall deliver copies of all permits and all periodic governmental inspection reports with respect to the Tenant Improvements promptly after receipt thereof by Tenant or Tenant’s contractor. Landlord should be notified in advance of requested inspections and may attend inspections to observe on behalf of the Building. At all times during construction of the Tenant Improvements, Landlord and Landlord’s employees and agents shall have the right to enter the Premises to inspect the work. Tenant shall not close-up any work affecting the life safety, heating, ventilation and air conditioning, plumbing or electrical systems in the Premises until the same have been inspected and approved by Landlord’s agents. Tenant shall provide Landlord reasonable notice of the date it intends to close up work affecting life safety, heating, ventilation and air conditioning, plumbing and electrical systems in the Premises. Landlord shall inspect the work to be closed up within three (3) business days of such notice. If Landlord does not inspect the work to be closed up within three (3) business days, Landlord shall be deemed to have waived its right to inspect. No inspection or approval by Landlord of any such work shall constitute an endorsement thereof with any governmental ordinances, codes or regulations, and Tenant shall be fully responsible and liable therefor. Tenant shall reimburse Landlord for any repairs or corrections of any portion of the Building caused by any contractor, subcontractor, supplier, xxxxxxx or mechanic performing any work in the Premises. Upon completion of the construction of the Tenant Improvements, Tenant shall provide Landlord with marked copies of the construction drawings indicating to the extent possible the actual Tenant Improvements in the Premises, a certificate of occupancy and the results of any inspections and/or approvals given or required by any governmental agency. Tenant’s and Tenant’s agent’s construction of the Tenant Improvements shall comply with the following: (i) the Tenant Improvements shall be constructed in strict accordance with the Approved Working Drawings; (ii) Tenant’s Agents shall submit schedules of all work relating to the Tenant’s Improvements to the general contractor and the general contractor shall, within five (5) business days of receipt thereof, inform Tenant’s agents of any changes which are necessary thereto, and Tenant’s agents shall adhere to such corrected schedule; (iii) Tenant shall abide by all rules made by Landlord’s Building manager with respect to the use of freight, loading dock and service elevators, storage of materials, coordination of work with the contractors of other tenants, and any other matter in connection with this Tenant Work Agreement, including, without limitation, the construction of the Tenant Improvements; and (iv) Tenant and its agents and contractors shall strictly comply with the Conditions for Construction attached hereto as Exhibit F. Tenant shall pay a logistical coordination fee (the “Coordination Fee”) to Landlord in an amount equal to the product of (i) five percent (5%) multiplied by (ii) the sum of the Tenant Improvement Allowance, the Cost Overage, as such amount may be increased hereunder, and any other amounts expended by Tenant in connection with the design and construction of the Tenant Improvements, which Coordination Fee shall be for services relating to the coordination of the construction of the Tenant Improvements.

Construction of Improvements. All work performed by Tenant’s contractor Landlord shall comply with all applicable ordinancescommence construction of the Improvements on the Land at the earliest possible date after effective execution of the Lease, codes and regulations pursuant to Section 1.3 herein, and shall use its best and diligent efforts to Substantially Complete the same on or before June 1, 1998 ("Proposed Completion Date"). In the event, the Commencement Date falls after the Proposed Completion Date, Tenant shall be performed entitled to rent abatement for all current leases and subleases under which Landlord is the landlord or main landlord until and through the Commencement Date. Provided, however that the Proposed Completion Date shall be extended for thirty (30) days if Tenant desires that the Tenant Improvements be constructed by a general contractor other than the general contractor constructing the base building. Landlord shall cause the Improvements to be constructed in a good and workmanlike manner. Landlord warrants and represents to Tenant that the Premises shall be free from defects in materials and workmanship for a period of one year after the Commencement Date and for such additional periods as Landlord has been provided in warranties from its builders, contractors, and suppliers. Tenant shall deliver copies of all permits and all periodic governmental inspection reports with respect be entitled to inspect the Tenant Improvements promptly after receipt thereof by Tenant or Tenant’s contractor. Landlord should be notified in advance of requested inspections and may attend inspections to observe on behalf of the Building. At all times during construction of the Improvements as the work progresses, at all reasonable times (so long as Landlord's progress is not in any material manner impeded thereby); and Landlord shall permit Tenant access during the construction period for such purposes. Provided, however, Tenant shall assume all responsibility for damage to property and personal injury suffered by Tenant and those parties upon the Land at Tenant's invitation for such inspections to the extent not covered by Landlord's insurance, unless such damage to property and personal injury is proximately caused by the negligent acts, omissions, recklessness or willful misconduct of Landlord, its agents, employees or representatives. In the event completion of construction is delayed due to any act or neglect of Tenant (or Tenant's agents, employees, or representatives), the presence of rock, inclement weather, strikes, lockouts or other labor disputes affecting either Landlord or any of Landlord's suppliers of material or labor, delay in issuance of certificates, permits or licenses not due to any act or neglect of Landlord, delayed inspections not due to any act or neglect of Landlord, acts of war or civil commotion, emergency proclamation, governmental regulations, or for any other reason beyond Landlord's reasonable control, it is agreed that the date for Substantial Completion may be extended for the same number of days as any such event beyond Landlord's reasonable control shall delay Landlord in completing the Improvements provided Landlord promptly gave Tenant written notice of the occurrence of any event or condition causing any delay contemporaneously with the occurrence of such event or condition and provided further that the financial condition or the unavailability or cost of funds to Landlord shall not constitute an event or condition beyond Landlord's reasonable control and provided further that the occurrence of an event or condition that might otherwise constitute a delay but which with reasonable diligence could be avoided by Landlord shall not constitute grounds for extension of the date for Substantial Completion of the Improvements. In the event Landlord has failed to complete the Premises by sixty (60) days after the Proposed Completion Date and such failure is not the result of delays caused by Tenant's actions or inactions within its reasonable control, upon written notice from Tenant that it reasonably requires additional space for the conduct of Tenant's business until such time as Premises is completed, Landlord shall use all commercially reasonable efforts to make available for Tenant's use until the Commencement Date up to 10,000 square feet of additional office space reasonably suitable for the conduct of Tenant's business on terms and conditions, including rent, at least as favorable to Tenant as contained in this Lease. Landlord agrees to endeavor to supply such temporary space in Landlord’s employees 's facilities that may be available in the Park and agents shall pay the reasonable costs and expenses incurred by the Tenant in locating to such additional office space. Tenant acknowledges and agrees that Landlord shall not be required to make any tenant improvements to any such temporary additional office space except as reasonably necessary for Tenant to be able to conduct its business in such space. If the Landlord is unable to provide such additional space within three (3) days of Tenant's notice, Tenant shall have the right to find such additional space and to enter into an agreement with a third party to provide such additional space, and Landlord until Tenant vacates such additional space, but not later than thirty (30) days after the Premises Commencement Date, shall promptly reimburse Tenant for Tenant's actual costs of moving to inspect the work. such additional space and for Tenant's rent for such additional space as a result of Tenant entering into such third party agreement, provided however that Tenant shall not close-up any work affecting the life safety, heating, ventilation and air conditioning, plumbing or electrical systems in the Premises until the same have been inspected and approved by Landlord’s agents. Tenant shall provide Landlord reasonable notice of the date it intends to close up work affecting life safety, heating, ventilation and air conditioning, plumbing and electrical systems in the Premises. Landlord shall inspect the work to be closed up within three (3) business days of such notice. If Landlord does not inspect the work to be closed up within three (3) business days, Landlord shall be deemed to have waived its right to inspect. No inspection or approval by Landlord of any such work shall constitute an endorsement thereof with any governmental ordinances, codes or regulations, and Tenant shall be fully responsible and liable therefor. Tenant shall reimburse Landlord for any repairs or corrections of any portion of the Building caused by any contractor, subcontractor, supplier, xxxxxxx or mechanic performing any work in the Premises. Upon completion of the construction of the Tenant Improvements, Tenant shall provide Landlord with marked copies of the construction drawings indicating to the extent possible the actual Tenant Improvements in the Premises, a certificate of occupancy and the results of any inspections and/or approvals given or required by any governmental agency. Tenant’s and Tenant’s agent’s construction of the Tenant Improvements shall comply with the following: (i) the Tenant Improvements shall be constructed in strict accordance with the Approved Working Drawings; (ii) Tenant’s Agents shall submit schedules of all work relating to the Tenant’s Improvements to the general contractor and the general contractor shall, within five (5) business days of receipt thereof, inform Tenant’s agents of any changes which are necessary thereto, and Tenant’s agents shall adhere to such corrected schedule; (iii) Tenant shall abide by all rules made by Landlord’s Building manager with respect to the use of freight, loading dock and service elevators, storage of materials, coordination of work with the contractors of other tenants, and any other matter in connection with this Tenant Work Agreement, including, without limitation, the construction of the Tenant Improvements; and (iv) Tenant and its agents and contractors shall strictly comply with the Conditions for Construction attached hereto as Exhibit F. Tenant shall pay a logistical coordination fee (the “Coordination Fee”) make payments to Landlord in an the amount equal to the product of $17.85 times the number of rentable square feet of such additional space divided by 12 (i) five percent (5%) multiplied $17.85 X # of sq./ft. / 12), each month during the time Tenant occupies said additional space. Landlord shallnot be responsible for the costs of tenant improvements to such additional space provided by (ii) the sum of the Tenant Improvement Allowance, the Cost Overage, as such amount may be increased hereunder, and any other amounts expended by Tenant in connection with the design and construction of the Tenant Improvements, which Coordination Fee shall be for services relating to the coordination of the construction of the Tenant Improvementsthird parties.

Construction of Improvements. All work performed by Tenant’s contractor shall comply with all applicable ordinances, codes and regulations and shall be performed in a good and workmanlike manner. Tenant Subtenant shall deliver copies to Sublandlord and Landlord of all permits and all periodic governmental inspection reports with respect to the Tenant Initial Subtenant Improvements promptly after receipt thereof by Tenant Subtenant or TenantSubtenant’s contractor. Sublandlord and Landlord should be notified in advance of requested inspections and may attend inspections to observe on behalf of the BuildingBuilding or the Master Lease Premises. At all times during construction of the Tenant Initial Subtenant Improvements, Landlord Sublandlord and Landlord’s , and each of their respective employees and agents shall have the right to enter the Subleased Premises to inspect the work. Tenant shall not close-up any work affecting the life safety, heating, ventilation and air conditioning, plumbing or electrical systems in the Premises until the same have been inspected and approved by Landlord’s agents. Tenant shall provide Landlord reasonable notice of the date it intends to close up work affecting life safety, heating, ventilation and air conditioning, plumbing and electrical systems in the Premises. Landlord shall inspect the work to be closed up within three (3) business days of such notice. If Landlord does not inspect the work to be closed up within three (3) business days, Landlord shall be deemed to have waived its right to inspect. No inspection or approval by Sublandlord and Landlord of any such work shall constitute an endorsement thereof with any governmental ordinances, codes or regulations, and Tenant Subtenant shall be fully responsible and liable therefor. Tenant Subtenant shall reimburse Landlord Sublandlord and Landlord, as applicable, for any repairs or corrections of any portion of the Building or the Master Lease Premises caused by any contractor, subcontractor, supplier, xxxxxxx or mechanic performing any work in the Subleased Premises. Upon completion of the construction of the Tenant Initial Subtenant Improvements, Tenant Subtenant shall provide Sublandlord and Landlord with marked copies of the construction drawings indicating to the extent possible the actual Tenant Initial Subtenant Improvements in the Subleased Premises, a certificate of occupancy and the results of any inspections and/or approvals given or required by any governmental agency. TenantSubtenant’s and TenantSubtenant’s agent’s construction of the Tenant Initial Subtenant Improvements shall comply with the following: (i) the Tenant Initial Subtenant Improvements shall be constructed in strict accordance with the Approved Working Drawings; (ii) TenantSubtenant’s Agents agents shall submit schedules of all work relating to the Tenant’s Initial Subtenant Improvements to the general contractor and the general contractor shall, within five (5) business days of receipt thereof, inform TenantSubtenant’s agents of any changes which are necessary thereto, and TenantSubtenant’s agents shall adhere to such corrected schedule; (iii) Tenant Subtenant shall abide by all rules made by Landlord’s Sublandlord, Landlord and/or the Building manager with respect to the use of freight, loading dock and service elevators, storage of materials, coordination of work with the contractors of other tenants, or of Sublandlord or Landlord, and any other matter in connection with this Tenant Work Agreement, including, without limitation, the construction of the Tenant Initial Subtenant Improvements; and (iv) Tenant Subtenant and its agents and contractors shall strictly comply with the Conditions for Construction attached hereto as Exhibit F. Tenant Construction. Subtenant shall pay a logistical coordination fee (the “Coordination Fee”) to Landlord in an amount equal to the product of (i) five percent (5%) multiplied any and all fees assessed by (ii) the sum of the Tenant Improvement Allowance, the Cost Overage, as such amount may be increased hereunder, and any other amounts expended by Tenant in connection with the design and construction of the Tenant Improvements, which Coordination Fee shall be for services Landlord relating to the supervision and/or coordination of the construction of the Tenant Initial Subtenant Improvements coordination. Sublandlord shall not charge Subtenant any supervision or coordinate fees in connection with the Initial Subtenant Improvements.

Construction of Improvements. All (a) Landlord shall make the improvements to the Premises, if any, described as Landlord’s Work (“Landlord’s Work”) on Exhibit C attached hereto and made a part hereof. Landlord shall use reasonable efforts to substantially complete Landlord’s Work on or before the Commencement Date and shall provide Tenant notice of the occurrence thereof, but shall not be responsible for delays due to (i) causes beyond Landlord’s reasonable control, (ii) any act, delay or failure to act of Tenant, (iii) any changes requested by Tenant in Landlord’s Work or any work performed or to be performed by Tenant’s contractor shall comply with all applicable ordinances, codes and regulations and shall be (iv) the quality of performance or completion of any work by a person, firm or corporation employed by Tenant, (v) the work being performed in a good and workmanlike manner. Tenant shall deliver copies of all permits and all periodic governmental inspection reports with respect to the Tenant Improvements promptly after receipt thereof by Tenant or Tenant’s contractor. Landlord should be notified in advance of requested inspections and may attend inspections to observe on behalf of the Building. At all times during Tenant which, under good construction scheduling practices should be completed before portions of the Tenant Improvements, Landlord and Landlord’s employees and agents shall have the right to enter the Premises to inspect the work. Work are completed, is not completed by Tenant shall not close-up any work affecting the life safety, heating, ventilation and air conditioning, plumbing or electrical systems on schedule and/or results in delays in the Premises until the same have been inspected and approved by completion of Landlord’s agents. Tenant shall provide Landlord reasonable notice of the date it intends to close up work affecting life safetyWork, heating, ventilation and air conditioning, plumbing and electrical systems in the Premises. Landlord shall inspect the work to be closed up within three and/or (3vi) business days of such notice. If Landlord does not inspect the work to be closed up within three (3) business days, Landlord shall be deemed to have waived its right to inspect. No inspection or approval by Landlord of any such work shall constitute an endorsement thereof with any governmental ordinances, codes or regulations, and Tenant shall be fully responsible and liable therefor. Tenant shall reimburse Landlord for any repairs or corrections of any portion of the Building caused by any contractor, subcontractor, supplier, xxxxxxx or mechanic performing any work in the Premises. Upon completion of the construction of the Tenant Improvements, Tenant shall provide Landlord with marked copies of the construction drawings indicating to the extent possible the actual Tenant Improvements in the Premises, a certificate of occupancy and the results of any inspections and/or approvals given or required by any governmental agency. Tenant’s and Tenant’s agent’s construction of the Tenant Improvements shall comply with the following: (i) the Tenant Improvements shall be constructed in strict accordance with the Approved Working Drawings; (ii) Tenant’s Agents shall submit schedules of all work relating to the Tenant’s Improvements to the general contractor and the general contractor shall, within five (5) business days of receipt thereof, inform Tenant’s agents of any changes which are necessary thereto, and Tenant’s agents shall adhere to such corrected schedule; (iii) Tenant shall abide by all rules made by Landlord’s Building manager with respect to the use of freight, loading dock and service elevators, storage of materials, coordination of work with the contractors of other tenants, and any other matter in connection with this Tenant Work Agreementact or omission of Tenant, its agents, employees, or contractors, including, without limitation, the construction any delay in giving authorization or approvals (in any instance, a “Tenant Delay”). Tenant shall be entitled, as Tenant’s sole remedy, to an abatement of the Fixed Minimum Rent otherwise due hereunder for any period following the Commencement Date during which the Premises remain unavailable for occupancy by Tenant Improvementsbecause of Landlord’s failure to substantially complete Landlord’s Work; provided, however, that if Landlord, in Landlord’s sole judgment, is delayed in timely substantially completing Landlord’s Work because of any Tenant Delay, then there shall be no abatement of the Fixed Minimum Rent for the period of such Tenant Delay. Except for the abatement of the Fixed Minimum Rent as set forth in the previous sentence, Tenant waives and (iv) releases any and all claims for damages against Landlord resulting from the Premises remaining unavailable for occupancy by Tenant and its agents and contractors shall strictly comply with due to Landlord’s failure to substantially complete Landlord’s Work. The taking of possession of the Conditions for Construction attached hereto as Exhibit F. Premises by Tenant shall pay a logistical coordination fee (the “Coordination Fee”) be deemed conclusively to Landlord in an amount equal to the product of (i) five percent (5%) multiplied establish that Landlord’s Work has been completed and accepted by (ii) the sum of the Tenant Improvement Allowance, the Cost Overage, as such amount may be increased hereunder, and any other amounts expended by Tenant in connection with the design and construction of the Tenant Improvements, which Coordination Fee shall be for services relating to the coordination of the construction of the Tenant ImprovementsTenant.

Construction of Improvements. All work performed by Tenant’s contractor shall comply with all applicable ordinances, codes and regulations and No buildings or improvements shall be performed constructed on Tenant's Demised Premises except in a good and workmanlike manner. Tenant shall deliver copies of all permits and all periodic governmental inspection reports with respect to the Tenant Improvements promptly after receipt thereof by Tenant or Tenant’s contractor. Landlord should be notified in advance of requested inspections and may attend inspections to observe on behalf of the Building. At all times during construction of the Tenant Improvements, Landlord and Landlord’s employees and agents shall have the right to enter the Premises to inspect the work. Tenant shall not close-up any work affecting the life safety, heating, ventilation and air conditioning, plumbing or electrical systems in the Premises until the same have been inspected and approved by Landlord’s agents. Tenant shall provide Landlord reasonable notice of the date it intends to close up work affecting life safety, heating, ventilation and air conditioning, plumbing and electrical systems in the Premises. Landlord shall inspect the work to be closed up within three (3) business days of such notice. If Landlord does not inspect the work to be closed up within three (3) business days, Landlord shall be deemed to have waived its right to inspect. No inspection or approval by Landlord of any such work shall constitute an endorsement thereof with any governmental ordinances, codes or regulations, and Tenant shall be fully responsible and liable therefor. Tenant shall reimburse Landlord for any repairs or corrections of any portion of the Building caused by any contractor, subcontractor, supplier, xxxxxxx or mechanic performing any work in the Premises. Upon completion of the construction of the Tenant Improvements, Tenant shall provide Landlord with marked copies of the construction drawings indicating to the extent possible the actual Tenant Improvements in the Premises, a certificate of occupancy and the results of any inspections and/or approvals given or required by any governmental agency. Tenant’s and Tenant’s agent’s construction of the Tenant Improvements shall comply with the followingaccordance with: (i) the Tenant Improvements shall be constructed site plan, elevation and exterior detail plans therefor approved by Kmart in strict accordance with writing prior to the Approved Working Drawings; commencement of construction and (ii) the terms and conditions of all matters of record as set forth in the Title Report, as defined in Paragraph 11. No construction activity on Tenant’s Agents 's Demised Premises shall interfere with the operation or use of Kmart's Demised Premises. No signs or exterior lighting may be erected or placed on Tenant's Demised Premises except as have been previously approved by Kmart in writing, which approval shall not be unreasonably withheld, and as are in conformance with all the requirements of all laws, ordinances, codes, orders, rules and regulations of all governmental authorities having jurisdiction over Tenant's Demised Premises ("Government Regulations"). Tenant shall submit schedules of all work relating to Kmart, for Kmart's approval complete plans and specifications for the Tenant’s Improvements to the general contractor and the general contractor shall, within five (5) business days of receipt thereof, inform Tenant’s agents of any changes which are necessary thereto, and Tenant’s agents shall adhere to such corrected schedule; (iii) Tenant shall abide by all rules made by Landlord’s Building manager with respect to the use of freight, loading dock and service elevators, storage of materials, coordination of work with the contractors of other tenants, and any other matter in connection with this Tenant Work AgreementImprovements, including, without limitation, dimensions for the construction Tenant's proposed building, the placement, size and configuration of signs and satisfactory evidence that Tenant's Demised Premises can accommodate a 7,500 square foot building with adequate parking and information concerning Tenant's procedure for mobilization, phasing and storage of materials and equipment, sufficient for Landlord to ascertain any interference with customary operations of the site which may occur as a result of Tenant's construction activities ("Tenant's Plans and Specifications"). If Kmart disapproves Tenant's Plans and Specifications, Kmart shall provide Tenant Improvements; and (iv) Tenant and its agents and contractors shall strictly comply with a detailed statement as to the Conditions changes required for Construction attached hereto as Exhibit F. approval. Tenant shall pay a logistical coordination fee (the “Coordination Fee”) have fifteen days after Tenant's receipt of Kmart's disapproval to Landlord in an amount equal to the product of either: (i) five percent (5%) multiplied by submit revised plans and specifications to Kmart that comply with Kmart's detailed statement of required changes, or (ii) terminate this Consent Agreement and the sum Tenant Lease by written notice thereof to Kmart. If Tenant's Plans and Specifications are accompanied by written notice stating the deadline for response and the consequence for failure to timely respond, Kmart's failure to give notice to Tenant of its approval or disapproval within forty-five (45) days of its receipt of Tenant's Plans and Specifications, when required to do so, shall be deemed Kmart's approval. Notwithstanding anything herein to the contrary, no building or other structure to be constructed by Tenant or to be caused to be constructed by Tenant on any portion of Tenant's Demised Premises shall exceed one (1) story or twenty four (24) feet in height, whichever is smaller, and shall contain no more than 7,500 square feet. Notwithstanding the foregoing, Tenant shall have the right to construct one (1) clear tower extending to a height of thirty-seven (37) feet on Tenant's Demised Premises and the pitch of the Tenant Improvement Allowance, the Cost Overage, as such amount roof may be increased hereunder, and any other amounts expended by Tenant in connection with the design and construction extend to a height of the Tenant Improvements, which Coordination Fee shall be for services relating to the coordination of the construction of the Tenant Improvementstwenty-nine (29) feet.

Construction of Improvements. Lessee shall be responsible for all costs of construction of the Leasehold Improvements, including survey work and site work. Lessee agrees to commence construction within the later of ninety (90) days after the date that Lessee obtains all necessary permits and approvals by all governmental bodies in charge of the approval process for the construction of the Leasehold Improvements. Construction of the Leasehold Improvements shall be continuous and expedited so that the Leasehold Improvements shall be completed as soon as practical. Lessor hereby approves Lessee or an affiliate of Lessee to construct the Leasehold Improvements without further approval or consent from Lessor other than customary permitting issues. Lessee shall maintain (or in the event Lessee hires a contractor to construct the Leasehold Improvements, cause its general contractor to maintain and to require the general contractor to require all other contractors working on the Leased Premises to maintain) automobile, general liability and worker’s compensation/employee’s liability insurance coverage satisfactory to Lessor. All work performed by Tenant’s contractor construction shall in all respects conform to and comply with all applicable statutes, ordinances, codes building codes, rules and regulations of such authorities as may have jurisdiction over any aspect of said construction. Lessee, at its sole cost and expense, shall also procure all building, safety, fire and other permits necessary for any construction. Lessee shall provide Lessor with a bond securing the performance of Lessee, or its contractors, in constructing the Leasehold Improvements according to the specifications of the approved plans. The performance bond shall be performed in a good and workmanlike manner. Tenant shall deliver copies of all permits and all periodic governmental inspection reports with respect to the Tenant Improvements promptly after receipt thereof by Tenant or Tenant’s contractor. Landlord should be notified in advance of requested inspections and may attend inspections to observe on behalf of the Building. At all times during construction of the Tenant Improvements, Landlord and Landlord’s employees and agents shall have the right to enter the Premises to inspect the work. Tenant shall not close-up any work affecting the life safety, heating, ventilation and air conditioning, plumbing or electrical systems in the Premises until the same have been inspected and approved by Landlord’s agents. Tenant shall provide Landlord reasonable notice of the date it intends to close up work affecting life safety, heating, ventilation and air conditioning, plumbing and electrical systems in the Premises. Landlord shall inspect the work to be closed up within three (3) business days of such notice. If Landlord does not inspect the work to be closed up within three (3) business days, Landlord shall be deemed to have waived its right to inspect. No inspection or approval by Landlord of any such work shall constitute an endorsement thereof with any governmental ordinances, codes or regulations, and Tenant shall be fully responsible and liable therefor. Tenant shall reimburse Landlord for any repairs or corrections of any portion of the Building caused by any contractor, subcontractor, supplier, xxxxxxx or mechanic performing any work in the Premises. Upon completion of the construction of the Tenant Improvements, Tenant shall provide Landlord with marked copies of the construction drawings indicating to the extent possible the actual Tenant Improvements in the Premises, a certificate of occupancy and the results of any inspections and/or approvals given or required by any governmental agency. Tenant’s and Tenant’s agent’s construction of the Tenant Improvements shall comply with the following: (i) the Tenant Improvements shall be constructed in strict accordance with the Approved Working Drawings; (ii) Tenant’s Agents shall submit schedules of all work relating to the Tenant’s Improvements to the general contractor and the general contractor shall, within five (5) business days of receipt thereof, inform Tenant’s agents of any changes which are necessary thereto, and Tenant’s agents shall adhere to such corrected schedule; (iii) Tenant shall abide by all rules made by Landlord’s Building manager with respect to the use of freight, loading dock and service elevators, storage of materials, coordination of work with the contractors of other tenants, and any other matter in connection with this Tenant Work Agreement, including, without limitation, the construction of the Tenant Improvements; and (iv) Tenant and its agents and contractors shall strictly comply with the Conditions for Construction attached hereto as Exhibit F. Tenant shall pay a logistical coordination fee (the “Coordination Fee”) to Landlord in an amount equal to the product amount of (i) five percent (5%) multiplied contract of construction, be issued by (ii) a surety reasonably acceptable to Lessor, be in a form that is reasonably acceptable to Lessor and be for the benefit of Lessor. Prior to the commencement of any construction work upon the Leased Premises Lessee shall obtain a corporate surety bond, satisfactory to Lessor, with Lessee's contractor or contractors as principal, in the sum equal to not less than 100% of the Tenant Improvement Allowance, amount of the Cost Overage, as contract for the completion of such amount may be increased hereunderwork guaranteeing the payments of wages for services engaged and of bills contracted for materials supplied and equipment used in the performance of such work, and protecting Lessor from any other amounts expended by Tenant in connection with the design liability (including attorney's fees), and construction of the Tenant Improvements, which Coordination Fee shall be loss for services relating to the coordination of the construction of the Tenant Improvementsdamage arising therefrom.

Construction of Improvements. All work performed by Landlord has, at Landlord's sole cost and expense, constructed a building and other improvements, containing the Demised Premises. Tenant has advised Landlord that Tenant will require certain modifications to the Demised Premises prior to October 1, 2000. Notwithstanding the need for certain modifications to the Demised Premises, Tenant hereby leases the Demised Premises in its current condition and repair without such modifications having first been made. As of the execution of this Lease, Tenant and Landlord have only discussed the conceptual changes required for Tenant’s contractor shall comply with all applicable ordinances, codes 's use of the Demised Premises and regulations and no plans or specifications have been prepared. Landlord hereby agrees to fund up to $100,000 of the cost of such modifications to the Demised Premises (the "Landlord Contribution"). Any cost exceeding Landlord's Contribution shall be performed in a good the sole and workmanlike mannerexclusive responsibility of Tenant. Such Landlord Contribution shall be amortized and repaid by Tenant over the term of the Lease at an implicit interest rate of 10.5%. Tenant shall deliver agrees to arrange for the preparation of plans and specifications for Tenant's required improvements to the Demised Premises. At Tenant's request, Landlord agrees to cooperate with Tenant in Tenant's preparation of plans and specifications by providing to Tenant copies of all permits the plans and all periodic governmental inspection reports with respect to specifications for the existing Demised Premises and providing general information concerning the Demised Premises that may be reasonably necessary for Tenant Improvements promptly after receipt thereof by Tenant or Tenant’s contractor. Landlord should be notified in advance of requested inspections and may attend inspections to observe on behalf the preparation of the Building. At all times during construction of the Tenant Improvements, Landlord plans and Landlord’s employees and agents shall have the right to enter the Premises to inspect the work. Tenant shall not close-up any work affecting the life safety, heating, ventilation and air conditioning, plumbing or electrical systems in the Premises until the same have been inspected and approved by Landlord’s agents. Tenant shall provide Landlord reasonable notice of the date it intends to close up work affecting life safety, heating, ventilation and air conditioning, plumbing and electrical systems in the Premises. Landlord shall inspect the work to be closed up within three (3) business days of such notice. If Landlord does not inspect the work to be closed up within three (3) business days, Landlord shall be deemed to have waived its right to inspect. No inspection or approval by Landlord of any such work shall constitute an endorsement thereof with any governmental ordinances, codes or regulations, and Tenant shall be fully responsible and liable therefor. Tenant shall reimburse Landlord for any repairs or corrections of any portion of the Building caused by any contractor, subcontractor, supplier, xxxxxxx or mechanic performing any work in the Premisesspecifications. Upon completion of the construction plans and specifications for Tenant (the "Tenant Plans and Specifications") Landlord agrees to submit to Tenant a good faith bid for completion of the work (the "Work") contemplated by the Tenant Improvements, Plans and Specifications. Tenant shall provide and Landlord with marked copies understand and agree that no representations have been made concerning the contemplated cost of the construction drawings indicating Work contemplated by the Tenant Plans and Specifications. Landlord and Tenant further agree that they shall have no obligation to enter into a contract for the extent possible performance of the actual Work according to terms which are not mutually acceptable to Landlord and Tenant. If Landlord and Tenant Improvements in reach agreement for the Premisesperformance of the Work by Landlord or its representative, a certificate construction contract for the performance of occupancy and the results of any inspections and/or approvals given or required such work will be entered into by any governmental agency. Tenant’s Landlord and Tenant’s agent’s construction of . If Tenant chooses to retain someone other than Landlord to complete the Tenant Improvements shall comply with the following: Work, (i) the Tenant Improvements shall be constructed in strict accordance with the Approved Working Drawings; (ii) Tenant’s Agents shall submit schedules of all work relating indemnify Landlord for damage to the Tenant’s Improvements to the general contractor and the general contractor shall, within five (5) business days of receipt thereof, inform Tenant’s agents of any changes which are necessary thereto, and Tenant’s agents shall adhere to such corrected schedule; (iii) Tenant shall abide by all rules made by Landlord’s Building manager with respect to the use of freight, loading dock and service elevators, storage of materials, coordination of work with the contractors of other tenants, and any other matter in connection with this Tenant Work Agreement, including, without limitation, Demised Premises caused from or arising during the construction of the Tenant ImprovementsWork by a third party; and (ivii) Landlord agrees to reasonably cooperate with Tenant in the performance of the Work by such third party and (iii) Landlord agrees to provide reasonable access to the Demised Premises and logistical and physical accommodation for the performance of such Work, including but not limited to providing access to Tenant and its agents to third parties for Tenant's installation and contractors shall strictly comply with the Conditions for Construction attached hereto as Exhibit F. Tenant shall pay a logistical coordination fee (the “Coordination Fee”) to Landlord in an amount equal testing of production equipment, process validation and Tenant's relocation to the product of (i) five percent (5%) multiplied by (ii) the sum of the Tenant Improvement Allowance, the Cost Overage, as such amount may be increased hereunder, and any other amounts expended by Tenant in connection with the design and construction of the Tenant Improvements, which Coordination Fee shall be for services relating to the coordination of the construction of the Tenant ImprovementsDemised Premises.

Construction of Improvements. All work performed leasehold improvements constructed by or on behalf of Tenant within the Premises (“Tenant Work”) shall be done in accordance with plans and specifications prepared and stamped by a licensed architect and first approved by Landlord which approval shall not be unreasonably withheld, conditioned or delayed. Landlord shall review Tenant’s contractor construction plans and specifications as provided for below. In any event, cosmetic work such as painting, carpeting and wall coverings shall comply with all applicable ordinancesnot require Landlord’s consent and no prior notice to Landlord of such work is required. Within ten (10) business days following Landlord’s receipt of the plans and specifications for any Tenant Work, codes Landlord shall have the right to notify Tenant as to which portions of such Tenant Work must be removed by Tenant at the expiration or earlier termination of this Lease (the “Removal Items”), and regulations and the Removal Items so designated by Landlord within said ten (10) business day period shall be performed removed by Tenant at the expiration or earlier termination of this Lease, and Tenant shall repair any damage cause by such removal and restore that portion of the Premises to the condition the Premises were in prior to the installation of the Removal Items, reasonable wear and tear and damage by fire or other casualty or taking excepted. Other than the Removal Items, Tenant shall have no obligation, upon the expiration or earlier termination of this Lease, to remove any component of the Tenant Work or any cabling, but Tenant may remove any fixtures or equipment installed as part of the Tenant Work or remove trade fixtures that are specific to Tenant’s business operations. All Tenant Work shall be done by qualified contractors and laborers, in a good and workmanlike manner. Tenant shall deliver copies of all permits manner and in full compliance with this Lease and all periodic applicable laws and lawful ordinances, regulations and orders of governmental inspection reports with respect to the Tenant Improvements promptly after receipt thereof by Tenant or Tenant’s contractor. Landlord should be notified in advance of requested inspections authorities and may attend inspections to observe on behalf insurers of the Building. At all times during construction of the Tenant Improvements, Landlord and Landlord’s employees and agents shall have the right to enter the Premises to inspect the work. Tenant shall not close-up any work affecting the life safety, heating, ventilation and air conditioning, plumbing or electrical systems in the Premises until the same have been inspected and approved by Landlord’s agents. Tenant shall provide Landlord reasonable notice of the date it intends to close up work affecting life safety, heating, ventilation and air conditioning, plumbing and electrical systems in Building and/or the Premises. Landlord Before Tenant begins any Tenant Work, it shall inspect the work to be closed up within three (3) business days of such notice. If Landlord does not inspect the work to be closed up within three (3) business days, Landlord shall be deemed to have waived its right to inspect. No inspection or approval by Landlord of any such work shall constitute an endorsement thereof with any governmental ordinances, codes or regulations, and Tenant shall be fully responsible and liable therefor. Tenant shall reimburse Landlord for any repairs or corrections of any portion of the Building caused by any contractor, subcontractor, supplier, xxxxxxx or mechanic performing any work in the Premises. Upon completion of the construction of the Tenant Improvements, Tenant shall provide Landlord with marked copies of the construction drawings indicating to the extent possible the actual Tenant Improvements in the Premises, a certificate of occupancy and the results of any inspections and/or approvals given or required by any governmental agency. Tenant’s and Tenant’s agent’s construction of the Tenant Improvements shall comply with the following: (i) the secure all licenses and permits necessary therefor (it being understood that Landlord shall, at Tenant’s expense, cooperate with Tenant Improvements shall be constructed in strict accordance with the Approved Working Drawings; securing all such licenses and permits), (ii) Tenant’s Agents shall submit schedules deliver to Landlord a statement with names of all work relating to the Tenant’s Improvements to the general contractor its contractors and subcontractors and the general contractor shall, within five (5) business days estimated cost of receipt thereof, inform Tenant’s agents of any changes which are necessary thereto, all labor and Tenant’s agents shall adhere material to such corrected schedule; be furnished by them (iii) Tenant shall abide by cause each contractor and subcontractor to carry (1) workers’ compensation insurance in statutory amounts and employer’s liability insurance with limits not less than $1,000,000 per accident covering all rules made by Landlordthe contractor’s Building manager with respect to the use of freight, loading dock and service elevators, storage of materials, coordination of work with the contractors of other tenantssubcontractor’s employees, and any other matter (2) comprehensive general liability insurance with such limits as Landlord may reasonably require, but in connection with this Tenant Work Agreementno event less than $10,000,000 combined single limit for bodily injury and property damage insurance, includingall such insurance to include coverage for premises operations, without limitationbroad form property damage, owner’s and contractor’s protective liability and completed operations for one (1) year; provided, however, that for Tenant’s Initial Construction (as defined in Exhibit C) during the Early Access Period, the construction of combined single limit for the Tenant Improvements; comprehensive general liability insurance and umbrella excess liability insurance shall be $5,000,000, and (iv) obtain all risks property insurance against loss or damage to Tenant’s work pending completion of the improvements. All insurance referred to in clauses (iii) and (iv) above shall be written by companies reasonably approved by Landlord and shall insure Landlord, Landlord’s property managers and sub-managers, Mortgagees, the names and addresses of which shall be provided by Landlord to Tenant, and Tenant as additional insureds, as their respective interests may appear, as well as the contractors and its agents subcontractors as appropriate, and contractors all such insurance shall strictly comply with contain a waiver of subrogation provision in favor of all insureds and shall be primary coverage as to any other coverage maintained by any insured other than Tenant. Prior to commencing any work within the Conditions for Construction attached hereto as Exhibit F. Premises, Tenant shall pay deliver, or arrange to be delivered, to Landlord: (a) certificates of all insurance referred to in clauses (iii) and (iv) above; and (b) a logistical coordination fee (the “Coordination Fee”) lien and completion bond, bank letter of credit, or other security satisfactory to Landlord Landlord, in an amount equal adequate, in Landlord’s judgment, to protect Landlord against materials and mechanics’ liens which may be filed in connection with such work and to insure completion of such work. The foregoing notwithstanding, Tenant agrees to promptly pay when due the entire cost of any Tenant Work, and not to cause or permit any liens for work to attach to the product Premises or the Building and immediately to discharge or bond off any such liens which may attach. Landlord may inspect any Tenant Work at any reasonable time upon reasonable notice; provided, however, Landlord shall, except in case of emergency, (i) five percent (5%) multiplied by give Tenant not less than 24 hours’ prior notice of such inspections and (ii) conduct such inspections so as to minimize interference with the sum construction work of Tenant. Tenant shall, and shall require its contractors to, insure and indemnify Landlord and hold it harmless from and against any cost, claim or liability arising from any Tenant Work, all such insurance and evidence of indemnification to be in form and substance reasonably satisfactory to Landlord. Tenant, at Tenant’s expense (but Landlord shall provide the Tenant Improvement AllowanceAllowance described in Section 1 and in Exhibit C), the Cost Overage, as such amount may be increased hereunder, and any other amounts expended shall perform all Tenant Work considered necessary or desirable by Tenant to make the Premises ready for Tenant’s occupancy in connection accordance with the design and construction provisions of Exhibit C, other than the Tenant ImprovementsLandlord’s work described on the attached Exhibit C-1. Except as otherwise provided on the attached Exhibit C-1, which Coordination Fee such Landlord’s work shall be for services relating performed by Landlord (or at Landlord’s direction) during the Early Access Period and completed prior to the coordination of the construction of the Tenant ImprovementsTerm Commencement Date, subject to Section 31 below.

Construction of Improvements. All (a) Landlord shall make the improvements to the Premises, if any, described as Landlord's Work ("Landlord's Work") on Exhibit C attached hereto and made a part hereof. Landlord shall use reasonable efforts to substantially complete Landlord's Work on or before the Commencement Date and shall provide Tenant notice of the occurrence thereof, but shall not be responsible for delays due to (i) causes beyond Landlord's reasonable control, (ii) any act, delay or failure to act of Tenant, (iii) any changes requested by Tenant in Landlord's Work or any work performed or to be performed by Tenant’s contractor shall comply with all applicable ordinances, codes and regulations and shall be (iv) the quality of performance or completion of any work by a person, firm or corporation employed by Tenant, (v) the work being performed in a good and workmanlike manner. Tenant shall deliver copies of all permits and all periodic governmental inspection reports with respect to the Tenant Improvements promptly after receipt thereof by Tenant or Tenant’s contractor. Landlord should be notified in advance of requested inspections and may attend inspections to observe on behalf of the Building. At all times during Tenant which, under good construction scheduling practices should be completed before portions of the Landlord's Work are completed, is not completed by Tenant Improvements, Landlord and Landlord’s employees and agents shall have the right to enter the Premises to inspect the work. Tenant shall not close-up any work affecting the life safety, heating, ventilation and air conditioning, plumbing or electrical systems on schedule and/or results in delays in the Premises until the same have been inspected and approved by Landlord’s agents. Tenant shall provide Landlord reasonable notice of the date it intends to close up work affecting life safety, heating, ventilation and air conditioning, plumbing and electrical systems in the Premises. Landlord shall inspect the work to be closed up within three (3) business days of such notice. If Landlord does not inspect the work to be closed up within three (3) business days, Landlord shall be deemed to have waived its right to inspect. No inspection or approval by Landlord of any such work shall constitute an endorsement thereof with any governmental ordinances, codes or regulations, and Tenant shall be fully responsible and liable therefor. Tenant shall reimburse Landlord for any repairs or corrections of any portion of the Building caused by any contractor, subcontractor, supplier, xxxxxxx or mechanic performing any work in the Premises. Upon completion of the construction of the Tenant ImprovementsLandlord's Work, Tenant shall provide Landlord with marked copies of the construction drawings indicating to the extent possible the actual Tenant Improvements in the Premises, a certificate of occupancy and the results of any inspections and/or approvals given or required by any governmental agency. Tenant’s and Tenant’s agent’s construction of the Tenant Improvements shall comply with the following: (ivi) the Tenant Improvements shall be constructed in strict accordance with the Approved Working Drawings; (ii) Tenant’s Agents shall submit schedules of all work relating to the Tenant’s Improvements to the general contractor and the general contractor shall, within five (5) business days of receipt thereof, inform Tenant’s agents of any changes which are necessary thereto, and Tenant’s agents shall adhere to such corrected schedule; (iii) Tenant shall abide by all rules made by Landlord’s Building manager with respect to the use of freight, loading dock and service elevators, storage of materials, coordination of work with the contractors of other tenants, and any other matter in connection with this Tenant Work Agreementact or omission of Tenant, its agents, employees, or contractors, including, without limitation, the construction any delay in giving authorization or approvals (in any instance, a "Tenant Delay"). Tenant shall be entitled, as Tenant's sole remedy, to an abatement of the Fixed Minimum Rent otherwise due hereunder for any period following the Commencement Date during which the Premises remain unavailable for occupancy by Tenant Improvementsbecause of Landlord's failure to substantially complete Landlord's Work; provided, however, that if Landlord, in Landlord's sole judgment, is delayed in timely substantially completing Landlord's Work because of any Tenant Delay, then there shall be no abatement of the Fixed Minimum Rent for the period of such Tenant Delay. Except for the abatement of the Fixed Minimum Rent as set forth in the previous sentence, Tenant waives and (iv) releases any and all claims for damages against Landlord resulting from the Premises remaining unavailable for occupancy by Tenant and its agents and contractors shall strictly comply with due to Landlord's failure to substantially complete Landlord's Work. The taking of possession of the Conditions for Construction attached hereto as Exhibit F. Premises by Tenant shall pay a logistical coordination fee (the “Coordination Fee”) be deemed conclusively to Landlord in an amount equal to the product of (i) five percent (5%) multiplied establish that Landlord's Work has been completed and accepted by (ii) the sum of the Tenant Improvement Allowance, the Cost Overage, as such amount may be increased hereunder, and any other amounts expended by Tenant in connection with the design and construction of the Tenant Improvements, which Coordination Fee shall be for services relating to the coordination of the construction of the Tenant ImprovementsTenant.

Construction of Improvements. All work performed Lessor agrees to construct a building, parking lot and other improvements on the Leased Premises in accordance with plans and specifications described in Exhibit "B" attached hereto and incorporated into this Lease Agreement by Tenant’s contractor shall comply reference. Such plans and specifications sha1l be in general accordance with all applicable ordinances, codes preliminary plans and regulations specifications described in Exhibit "B-1" attached hereto and shall be performed in a good incorporated herein by reference. Lessor and workmanlike manner. Tenant shall deliver copies of all permits and all periodic governmental inspection reports with respect to the Tenant Improvements promptly after receipt thereof by Tenant or Tenant’s contractor. Landlord should be notified in advance of requested inspections and may attend inspections to observe on behalf Lessee agree that time is of the Building. At all times during construction of the Tenant Improvements, Landlord and Landlord’s employees and agents shall have the right to enter the Premises to inspect the work. Tenant shall not close-up any work affecting the life safety, heating, ventilation and air conditioning, plumbing or electrical systems essence in the Premises until the same have been inspected and approved by Landlord’s agents. Tenant shall provide Landlord reasonable notice of the date it intends to close up work affecting life safety, heating, ventilation and air conditioning, plumbing and electrical systems in the Premises. Landlord shall inspect the work to be closed up within three (3) business days of such notice. If Landlord does not inspect the work to be closed up within three (3) business days, Landlord shall be deemed to have waived its right to inspect. No inspection or approval by Landlord of any such work shall constitute an endorsement thereof with any governmental ordinances, codes or regulations, and Tenant shall be fully responsible and liable therefor. Tenant shall reimburse Landlord for any repairs or corrections of any portion of the Building caused by any contractor, subcontractor, supplier, xxxxxxx or mechanic performing any work in the Premises. Upon completion of the construction of the Tenant Improvements, Tenant shall provide Landlord with marked copies of the construction drawings indicating improvements. Lessor agrees to the extent possible the actual Tenant Improvements in the Premises, a certificate of occupancy and the results of any inspections and/or approvals given or required by any governmental agency. Tenant’s and Tenant’s agent’s commence construction of the Tenant Improvements shall comply with improvements as soon as practicable, to proceed diligently and expeditiously and to complete the following: (i) construction thereof on or before November 1, 1988. In the Tenant Improvements shall be constructed event the construction has not been substantially comp1eted in strict accordance with the Approved Working Drawings; foregoing plans and specifications and in full compliance with all applicable local, state and federal laws, statutes, regu1ations codes and ordinances, and the Leased Premises ready for occupancy as evidenced by a temporary certificates of occupancy issued by competent authority, on or before November 1, 1988, than the Lessee may at its option upon thirty (ii30) Tenant’s Agents days prior written notice to Lessor, terminate this Lease without further obligation 16 and shall submit schedules be reimbursed by Lessor for all out of all work relating pocket expenses incurred by Lessee up to the Tenant’s Improvements to the general contractor date of such prior written notice and the general contractor shallparties shall be discharged from all obligations hereunder. Lessee's option to terminate sha1l be in addition to any other legal or equitable remedy otherwise available to Lessee, within five (5) business days provided, however, that in the event construction of receipt thereofthe improvements is delayed due to acts of God, inform Tenant’s agents fire or other casua1ty, 1abor disputes or other causes beyond the control of any changes which are necessary theretoLessor, and Tenant’s agents than the date for fina1 comp1etion shall adhere be adjusted for a period equal to such corrected schedule; (iii) Tenant de1ay or delays, but in no event shall abide by all rules made by Landlord’s Building manager with respect to the use of freightdate for final comp1etion be postponed beyond December 1, loading dock and service elevators, storage of materials, coordination of work with the contractors of other tenants, and any other matter in connection with this Tenant Work Agreement, including, without limitation, l988. When the construction of the Tenant Improvements; and (iv) Tenant and its agents and contractors shall strictly comply improvements has been substantially completed, Lessor agrees to furnish to Lessee a certificate of Lessor's architect or engineer stating that the improvements have been constructed substantia11y in accordance with the Conditions for Construction attached hereto as Exhibit F. Tenant shall pay plans and specifications. Upon receipt of such certificate Lessee sha1l have the right of inspection, and upon verification by Lessee that such plan and specification have been comp1ied with agrees to provide Lessor within a logistical coordination fee (the “Coordination Fee”) to Landlord in an amount equal to the product of (i) five percent (5%) multiplied by (ii) the sum reasonable time with a written acknow1edgement of the Tenant Improvement Allowanceacceptance of the improvements. The Commencement Date of this Lease sha11 be the date of Lessee's receipt and verification of such architect's or engineer's certificate, unless Lessor and Lessee agree otherwise in writing. If any disagreement occurs between Lessor and Lessee as to whether the improvements have been substantia1ly 17 completed in accordance with the plans and specifications, the Cost Overage, parties sha1l select an independent architect to inspect the construction and certify as to such amount may completion thereof. The independent architect's certificate shall be increased hereunderbinding on the parties, and in the event any other amounts expended by Tenant alteration or correction is required Lessor sha11 promptly cause such to be made. In the event of such disagreement, the Commencement Date sha1l become the first day of the ca1endar month fo1lowing the decision of the independent architect, or the comp1etion of the required a1terations or corrections, whichever comes later. Lessor, in connection with the design and construction of the Tenant Improvements, which Coordination Fee shall be for services relating to the coordination of the construction of the Tenant Improvements.improvements guarantees and warrants:

Construction of Improvements. All work performed by Tenant’s contractor shall comply with all applicable ordinances, codes and regulations and shall be performed in a good and workmanlike manner. Tenant shall deliver copies of all permits and all periodic governmental inspection reports with respect to the Tenant Improvements promptly after receipt thereof by Tenant or Tenant’s contractor. Landlord should be notified in advance of requested inspections and may attend inspections to observe on behalf of the Building. At all times during not commence construction of the Tenant Improvements, Landlord any Improvements unless and Landlord’s employees and agents shall have the right to enter the Premises to inspect the work. Tenant shall not close-up any work affecting the life safety, heating, ventilation and air conditioning, plumbing or electrical systems in the Premises until the same have been inspected and approved by Landlord’s agents. Tenant shall provide Landlord reasonable notice of the date it intends to close up work affecting life safety, heating, ventilation and air conditioning, plumbing and electrical systems in the Premises. Landlord shall inspect the work to be closed up within three (3) business days of such notice. If Landlord does not inspect the work to be closed up within three (3) business days, Landlord shall be deemed to have waived its right to inspect. No inspection or approval by Landlord of any such work shall constitute an endorsement thereof with any governmental ordinances, codes or regulations, and Tenant shall be fully responsible and liable therefor. Tenant shall reimburse Landlord for any repairs or corrections of any portion of the Building caused by any contractor, subcontractor, supplier, xxxxxxx or mechanic performing any work in the Premises. Upon completion of the construction of the Tenant Improvements, Tenant shall provide Landlord with marked copies of the construction drawings indicating to the extent possible the actual Tenant Improvements in the Premises, a certificate of occupancy and the results of any inspections and/or approvals given or required by any governmental agency. Tenant’s and Tenant’s agent’s construction of the Tenant Improvements shall comply with the followinguntil: (i) the Tenant Improvements shall be constructed in strict accordance with Landlord has approved the Approved Working DrawingsPlans for such Improvements in writing; (ii) Tenant’s Agents shall submit schedules Tenant has obtained a building permit for the construction of all work relating to the Tenant’s Improvements to the general contractor and the general contractor shall, within five (5) business days of receipt thereof, inform Tenant’s agents of any changes which are necessary thereto, and Tenant’s agents shall adhere to such corrected scheduleImprovements; (iii) certificates of all insurance coverages required to be carried by Tenant shall abide by all rules made by have been delivered to Landlord’s Building manager with respect to the use of freight, loading dock and service elevators, storage of materials, coordination of work with the contractors of other tenants, and any other matter in connection with this Tenant Work Agreement, including, without limitation, the construction of the Tenant Improvements; and (iv) Tenant has delivered to Landlord a contractor’s “Payment and its agents and contractors shall strictly comply Performance Bond” in favor of Landlord as obligee, on the current AIA forms then in use or other forms reasonably acceptable to Landlord, issued by a surety company licensed as a surety in the State of North Carolina, guaranteeing completion of the Improvements in accordance with the Conditions for Construction attached hereto as Exhibit F. Approved Plans free of liens and security agreements. Any Improvements constructed upon the Premises shall be constructed in accordance with the Approved Plans. Upon at least 48 hours written notice to Tenant, Landlord may designate a representative to inspect the Premises during construction of the Improvements (provided that Tenant shall pay have the right to designate a logistical coordination fee Tenant representative to accompany Landlord’s representative during any such inspection), and if Landlord determines Tenant’s construction is not being done in accordance with the Approved Plans, Tenant shall correct any deficiencies or omissions promptly. After completion of the Improvements, any subsequent changes or modifications to the Improvements from the Approved Plans or subsequent renovations of the Improvements (the “Coordination Fee”except for interior, non- structural alterations) to must be approved by Landlord in an amount equal writing, which approval shall not be unreasonably withheld, conditioned or delayed; provided, however, Tenant shall not be required to the product obtain Landlord’s approval of plans for indoor exhibits, outdoor exhibits or related amenities. Prior to opening for business, Tenant shall obtain and deliver to Landlord: (i) five percent (5%) multiplied a certification by Tenant’s architect or engineer that the Improvements has been completed in substantial accordance with the Approved Plans, and (ii) the sum of the Tenant Improvement AllowanceTenant’s affidavit that all work, the Cost Overage, as such amount may be increased hereunder, labor and any other amounts expended by Tenant materials have been paid for in connection with the design and construction of the Tenant Improvements, which Coordination Fee shall be for services relating to the coordination of . All work required in connection with the construction of the Improvements shall be performed only by competent contractors licensed under the laws of the State of North Carolina and shall be performed in accordance with written contracts with those contractors. Each such contract shall require the contractors to indemnify, defend and hold Landlord harmless against all claims, damages, losses and expenses, including attorneys’ fees, arising out of the construction work and shall further require such contractors to name Landlord as an additional insured in all liability insurance policies maintained by such contractors for the duration of the construction period. Prior to the commencement of construction of any Improvements, Tenant shall deliver or cause to be delivered to Landlord certificates of insurance from each such contractor evidencing compliance with the provisions of Section 5.3(bc) and a copy of Tenant’s contract with each general contractor engaged for the construction of the Improvements, and with each separate contractor engaged by Tenant to perform services in connection therewith for consideration in excess of Fifteen Thousand Dollars ($15,000.00). Tenant shall also deliver or cause to be delivered to Landlord copies of Tenant’s contracts with any other contractors upon Landlord’s written request therefor. Upon completion of construction of any Improvements, Tenant shall furnish Landlord a copy of the as-built plans for such Improvements.

Construction of Improvements. All work performed by Tenant’s contractor If this Lease pertains to a Building to be constructed or improvements to be constructed within a Building, the provisions of this Paragraph 2.B. shall comply with all applicable ordinances, codes apply in lieu of the provisions of Paragraph 2.A. above and regulations and the term commencement date ("TERM COMMENCEMENT DATE") shall be performed in a good and workmanlike manner. Tenant shall deliver copies of all permits and all periodic governmental inspection reports with respect to the Tenant Improvements promptly thirty (30) days after receipt thereof by Tenant or Tenant’s contractor. Landlord should be notified in advance of requested inspections and may attend inspections to observe on behalf delivery of the Building. At all times during construction fifth floor portion of the Premises (Suite 500) to Tenant Improvements, ??? being acknowledged by Landlord and Landlord’s employees Tenant that Tenant is currently in possession of the fourth floor portion of the Premises (Suite 400) and agents shall have the right to enter eighth floor portion of the Premises (Suite 860) under Tenant's Lease dated March 15, 1995, as amended by Lease Amendment dated September 21, 1998 and by Lease Amendment Number Two of even date herewith (as amended, the "EXISTING LEASE"). If for any reason Landlord cannot deliver possession of the Premises to inspect Tenant on the workscheduled Term Commencement Date, Landlord shall not be subject to any liability therefor, nor shall Landlord be in default hereunder nor shall such failure affect the validity of this Lease, and Tenant agrees to accept possession of the Premises at such time as Landlord delivers to Tenant possession of the fifth floor portion of the Premises, which date shall then be deemed the Term Commencement Date. Tenant shall not close-up be liable for any Rent for any period prior to the Term Commencement Date (but without affecting any obligations of Tenant under any improvement agreement appended to this Lease). In the event of any dispute as to substantial completion of work affecting the life safety, heating, ventilation and air conditioning, plumbing performed or electrical systems in the Premises until the same have been inspected and approved required to be performed by Landlord’s agents, the certificate of Landlord's architect or general contractor shall be conclusive. Substantial completion shall have occurred notwithstanding Tenant's submission of a punchlist to Landlord, which Tenant shall provide Landlord reasonable notice of the date it intends to close up work affecting life safetysubmit, heatingif at all, ventilation and air conditioning, plumbing and electrical systems in the Premises. Landlord shall inspect the work to be closed up within three (3) business days of such notice. If Landlord does not inspect after the work to be closed up within three (3) business days, Landlord shall be deemed to have waived its right to inspect. No inspection Term Commencement Date or approval by Landlord of any such work shall constitute an endorsement thereof otherwise in accordance with any governmental ordinances, codes or regulations, and Tenant shall be fully responsible and liable therefor. Tenant shall reimburse Landlord for any repairs or corrections of any portion of the Building caused by any contractor, subcontractor, supplier, xxxxxxx or mechanic performing any work in the Premisesimprovement agreement appended to this Lease. Upon completion of the construction of the Tenant ImprovementsLandlord's request, Tenant shall provide promptly execute and return to Landlord with marked copies a "Start-Up Letter" in which Tenant shall agree, among other things, to acceptance of the construction drawings indicating Premises and to the extent possible the actual Tenant Improvements in the Premises, a certificate of occupancy and the results of any inspections and/or approvals given or required by any governmental agency. Tenant’s and Tenant’s agent’s construction determination of the Tenant Improvements shall comply with the following: (i) the Tenant Improvements shall be constructed Term Commencement date, in strict accordance with the Approved Working Drawings; (ii) terms of this Lease, but Tenant’s Agents 's failure or refusal to do so shall submit schedules of all work relating to the not negate Tenant’s Improvements to the general contractor and the general contractor shall, within five (5) business days of receipt thereof, inform Tenant’s agents of any changes which are necessary thereto, and Tenant’s agents shall adhere to such corrected schedule; (iii) Tenant shall abide by all rules made by Landlord’s Building manager with respect to the use of freight, loading dock and service elevators, storage of materials, coordination of work with the contractors of other tenants, and any other matter in connection with this Tenant Work Agreement, including, without limitation, the construction 's acceptance of the Tenant Improvements; and (iv) Tenant and its agents and contractors shall strictly comply with the Conditions for Construction attached hereto as Exhibit F. Tenant shall pay a logistical coordination fee (the “Coordination Fee”) to Landlord in an amount equal to the product of (i) five percent (5%) multiplied by (ii) the sum Premises or affect determination of the Tenant Improvement Allowance, the Cost Overage, as such amount may be increased hereunder, and any other amounts expended by Tenant in connection with the design and construction of the Tenant Improvements, which Coordination Fee shall be for services relating to the coordination of the construction of the Tenant Improvementsterm Commencement Date.

Construction of Improvements. All work performed Borrower shall cause construction of the Marriott Improvements, to be prosecuted and completed with due diligence and in good faith, and without delay. Administrative Agent have approved the Prime Contract and the Prime Contractor. Each Construction Contract (other than those in effect as of the Closing Date which have either been approved or are deemed approved by Tenant’s contractor shall comply with all applicable ordinancesAdministrative Agent) and each Contractor (other than those that are parties to a Contract in effect as of the Closing Date) retained by Borrower are subject to prior approval by Administrative Agent. The construction of the Marriott Improvements, codes and regulations and shall be performed (i) commenced no later than the Closing Date, (ii) Substantially Completed in accordance with the terms and conditions of this Loan Agreement on or prior to the Outside Completion Date and (iii) completed in accordance with the terms and conditions of this Loan Agreement on or prior to the Outside Completion Date. Insofar as nondiscretionary permits and approvals are concerned, Borrower shall secure the issuance of each non- discretionary permit and approval prior to the commencement of any work for which such permit or approval is required. Borrower shall deliver copies of all such permits and approvals to Administrative Agent immediately upon the issuance thereof to Borrower. Upon written demand from Administrative Agent, Borrower shall, at Borrower’s sole cost and expense (and, except to the extent such funds are otherwise available for such purpose in the Cost Breakdown, not from any Loan Proceeds or any amounts on deposit in any account in which Borrower has granted Administrative Agent a security interest), correct any defect in the Marriott Improvements or any departure from the Plans and Specifications not theretofore approved in writing by Administrative Agent, and it is expressly understood and agreed that no approval by Administrative Agent or making by Administrative Agent of any Disbursement shall constitute a waiver of the right to require compliance with this covenant with respect to any such defects or departures from the Plans and Specifications not theretofore approved by Administrative Agent in writing. Each Construction Contract and each Contractor retained by Borrower are subject to prior approval by Administrative Agent. The Marriott Improvements shall be constructed and fully equipped in a good and workmanlike manner. Tenant shall deliver copies manner with materials of all permits and all periodic governmental inspection reports with respect to the Tenant Improvements promptly after receipt thereof by Tenant or Tenant’s contractor. Landlord should be notified high quality, strictly in advance of requested inspections and may attend inspections to observe on behalf of the Building. At all times during construction of the Tenant Improvements, Landlord and Landlord’s employees and agents shall have the right to enter the Premises to inspect the work. Tenant shall not close-up any work affecting the life safety, heating, ventilation and air conditioning, plumbing or electrical systems in the Premises until the same have been inspected and approved by Landlord’s agents. Tenant shall provide Landlord reasonable notice of the date it intends to close up work affecting life safety, heating, ventilation and air conditioning, plumbing and electrical systems in the Premises. Landlord shall inspect the work to be closed up within three (3) business days of such notice. If Landlord does not inspect the work to be closed up within three (3) business days, Landlord shall be deemed to have waived its right to inspect. No inspection or approval by Landlord of any such work shall constitute an endorsement thereof with any governmental ordinances, codes or regulations, and Tenant shall be fully responsible and liable therefor. Tenant shall reimburse Landlord for any repairs or corrections of any portion of the Building caused by any contractor, subcontractor, supplier, xxxxxxx or mechanic performing any work in the Premises. Upon completion of the construction of the Tenant Improvements, Tenant shall provide Landlord with marked copies of the construction drawings indicating to the extent possible the actual Tenant Improvements in the Premises, a certificate of occupancy and the results of any inspections and/or approvals given or required by any governmental agency. Tenant’s and Tenant’s agent’s construction of the Tenant Improvements shall comply with the following: (i) the Tenant Improvements shall be constructed in strict accordance with the Approved Working Drawings; Plans and Specifications (ii) Tenant’s Agents shall submit schedules of all work relating to the Tenant’s Improvements to the general contractor and the general contractor shall, within five (5) business days of receipt thereof, inform Tenant’s agents of or in accordance with any changes which are necessary theretotherein that may be approved in writing by the Administrative Agent or otherwise permitted hereby) and all Legal Requirements, and Tenant’s agents shall adhere to such corrected schedule; (iii) Tenant shall abide by all rules made by Landlord’s Building manager construction and equipping will commence at the time set forth in the Project Schedule and will be prosecuted with respect to the use of freight, loading dock due diligence and service elevators, storage of materials, coordination of work continuity in accordance with the contractors of other tenants, Project Schedule and any other matter in connection with this Tenant Work Agreement, including, without limitation, fully completed no later than the construction of the Tenant Improvements; and (iv) Tenant and its agents and contractors shall strictly comply with the Conditions for Construction attached hereto as Exhibit F. Tenant shall pay a logistical coordination fee (the “Coordination Fee”) to Landlord in an amount equal to the product of (i) five percent (5%) multiplied by (ii) the sum of the Tenant Improvement Allowance, the Cost Overage, as such amount may be increased hereunder, and any other amounts expended by Tenant in connection with the design and construction of the Tenant Improvements, which Coordination Fee shall be for services relating to the coordination of the construction of the Tenant ImprovementsOutside Completion Date.

Construction of Improvements. All work If this Lease pertains to a Building to be constructed or improvements to be constructed within a Building, the provisions of this Paragraph 2.B. shall apply in lieu of the provisions of Paragraph 2.A. above and the term commencement date (“Term Commencement Date”) shall be the earlier of the date on which: (1) Tenant takes possession of some or all of the Premises; or (2) the improvements to be constructed or performed in the Premises by Landlord (if any) shall have been substantially completed in accordance with the plans and specifications, if any, described on Exhibit C and Tenant’s contractor taking of possession of the Premises or any part thereof shall comply with all applicable ordinances, codes and regulations and shall be performed in a good and workmanlike manner. Tenant shall deliver copies of all permits and all periodic governmental inspection reports with respect to the Tenant Improvements promptly after receipt thereof by Tenant or constitute Tenant’s contractor. Landlord should be notified in advance confirmation of requested inspections and may attend inspections to observe on behalf substantial completion for all purposes hereof, whether or not substantial completion of the Building. At all times during construction of the Tenant Improvements, Landlord and Landlord’s employees and agents Building or Project shall have the right to enter occurred. If for any reason Landlord cannot deliver possession of the Premises to inspect Tenant on the workscheduled Term Commencement Date, Landlord shall not be subject to any liability therefor, nor shall Landlord be in default hereunder nor shall such failure affect the validity of this Lease, and Tenant agrees to accept possession of the Premises at such time as such improvements have been substantially completed, which date shall then be deemed the Term Commencement Date. Tenant shall not close-up be liable for any Rent for any period prior to the Term Commencement Date (but without affecting any obligations of Tenant under any improvement agreement appended to this Lease). In the event of any dispute as to substantial completion of work affecting the life safety, heating, ventilation and air conditioning, plumbing performed or electrical systems in the Premises until the same have been inspected and approved required to be performed by Landlord, the certificate of Landlord’s agentsarchitect or general contractor shall be conclusive. Substantial completion shall have occurred notwithstanding Tenant’s submission of a punchlist to Landlord, which Tenant shall provide Landlord reasonable notice of the date it intends to close up work affecting life safetysubmit, heatingif at all, ventilation and air conditioning, plumbing and electrical systems in the Premises. Landlord shall inspect the work to be closed up within five(5) three (3) business days after the Term Commencement Date or otherwise in accordance with any improvement agreement appended to this Lease. Upon Landlord’s request, Tenant shall promptly execute and return to Landlord a “Start-up Letter” in which Tenant shall agree, among other things, to acceptance of such noticethe Premises and to the determination of the Term Commencement Date, in accordance with the terms of this Lease, but Tenant’s failure or refusal to do so shall not negate Tenant’s acceptance of the Premises or affect determination of the Term Commencement Date. If Landlord does not inspect Substantial completion is hereinafter defined as the work contemplated on Exhibit “C” and Exhibit “C-1” being completed less nominal cosmetic, deficiencies to be closed up within three (3) business daysthe wall, Landlord shall be deemed to have waived its right to inspect. No inspection floor and millwork surfaces and other missing or approval by Landlord of any such work shall constitute an endorsement thereof with any governmental ordinances, codes or regulations, and Tenant shall be fully responsible and liable therefor. Tenant shall reimburse Landlord for any repairs or corrections of any portion incomplete components of the Building caused by improvements, which would not substantially interfere with Tenant’s conduct of its business. Notwithstanding anything to the contrary contained in this Lease the Scheduled Term Commencement Date shall occur on December 1, 1998, regardless of when the Premises are tendered to Tenant, substantially completed, Tenant agrees to use commercially reasonable efforts to control its customers, visitors and invitees and otherwise to prevent any contractorof them from causing damage to the Building, subcontractor, supplier, xxxxxxx Premises or mechanic performing any work in person on or about the Premises. Upon completion In the event that Tenant fails to use such commercially reasonable efforts to control the activities of Tenant’s customers, visitors and invitees and this failure is a cause of damage to the construction of Building, Premises or any person lawfully on our about the Tenant ImprovementsPremises, Tenant shall provide Landlord with marked copies of the construction drawings indicating indemnify Landlord, pursuant to the extent possible the actual Tenant Improvements in the Premisesprovisions of Paragraph 8(c), a certificate of occupancy for any damages caused by such customers, visitors and the results of any inspections and/or approvals given or required by any governmental agency. Tenant’s and Tenant’s agent’s construction of the Tenant Improvements shall comply with the following: (i) the Tenant Improvements shall be constructed in strict accordance with the Approved Working Drawings; (ii) Tenant’s Agents shall submit schedules of all work relating to the Tenant’s Improvements to the general contractor and the general contractor shall, within five (5) business days of receipt thereof, inform Tenant’s agents of any changes which are necessary thereto, and Tenant’s agents shall adhere to such corrected schedule; (iii) Tenant shall abide by all rules made by Landlord’s Building manager with respect to the use of freight, loading dock and service elevators, storage of materials, coordination of work with the contractors of other tenants, and any other matter in connection with this Tenant Work Agreement, including, without limitation, the construction of the Tenant Improvements; and (iv) Tenant and its agents and contractors shall strictly comply with the Conditions for Construction attached hereto as Exhibit F. Tenant shall pay a logistical coordination fee (the “Coordination Fee”) to Landlord in an amount equal to the product of (i) five percent (5%) multiplied by (ii) the sum of the Tenant Improvement Allowance, the Cost Overage, as such amount may be increased hereunder, and any other amounts expended by Tenant in connection with the design and construction of the Tenant Improvements, which Coordination Fee shall be for services relating to the coordination of the construction of the Tenant Improvementsinvitees.

Construction of Improvements. Lessee shall be responsible for all costs of construction of the Leasehold Improvements, including survey work and site work. Xxxxxx agrees to commence construction within the later of ninety (90) days after the date that Xxxxxx obtains all necessary permits and approvals by all governmental bodies in charge of the approval process for the construction of the Leasehold Improvements. Construction of the Leasehold Improvements shall be continuous and expedited so that the Leasehold Improvements shall be completed as soon as practical. Lessor hereby approves Lessee or an affiliate of Lessee to construct the Leasehold Improvements without further approval or consent from Lessor other than customary permitting issues. Lessee shall maintain (or in the event Lessee hires a contractor to construct the Leasehold Improvements, cause its general contractor to maintain and to require the general contractor to require all other contractors working on the Leased Premises to maintain) automobile, general liability and worker’s compensation/employee’s liability insurance coverage satisfactory to Lessor. All work performed by Tenant’s contractor construction shall in all respects conform to and comply with all applicable statutes, ordinances, codes building codes, rules and regulations of such authorities as may have jurisdiction over any aspect of said construction. Lessee, at its sole cost and expense, shall also procure all building, safety, fire and other permits necessary for any construction. Lessee shall provide Lessor with a bond securing the performance of Lessee, or its contractors, in constructing the Leasehold Improvements according to the specifications of the approved plans. The performance bond shall be performed in a good and workmanlike manner. Tenant shall deliver copies of all permits and all periodic governmental inspection reports with respect to the Tenant Improvements promptly after receipt thereof by Tenant or Tenant’s contractor. Landlord should be notified in advance of requested inspections and may attend inspections to observe on behalf of the Building. At all times during construction of the Tenant Improvements, Landlord and Landlord’s employees and agents shall have the right to enter the Premises to inspect the work. Tenant shall not close-up any work affecting the life safety, heating, ventilation and air conditioning, plumbing or electrical systems in the Premises until the same have been inspected and approved by Landlord’s agents. Tenant shall provide Landlord reasonable notice of the date it intends to close up work affecting life safety, heating, ventilation and air conditioning, plumbing and electrical systems in the Premises. Landlord shall inspect the work to be closed up within three (3) business days of such notice. If Landlord does not inspect the work to be closed up within three (3) business days, Landlord shall be deemed to have waived its right to inspect. No inspection or approval by Landlord of any such work shall constitute an endorsement thereof with any governmental ordinances, codes or regulations, and Tenant shall be fully responsible and liable therefor. Tenant shall reimburse Landlord for any repairs or corrections of any portion of the Building caused by any contractor, subcontractor, supplier, xxxxxxx or mechanic performing any work in the Premises. Upon completion of the construction of the Tenant Improvements, Tenant shall provide Landlord with marked copies of the construction drawings indicating to the extent possible the actual Tenant Improvements in the Premises, a certificate of occupancy and the results of any inspections and/or approvals given or required by any governmental agency. Tenant’s and Tenant’s agent’s construction of the Tenant Improvements shall comply with the following: (i) the Tenant Improvements shall be constructed in strict accordance with the Approved Working Drawings; (ii) Tenant’s Agents shall submit schedules of all work relating to the Tenant’s Improvements to the general contractor and the general contractor shall, within five (5) business days of receipt thereof, inform Tenant’s agents of any changes which are necessary thereto, and Tenant’s agents shall adhere to such corrected schedule; (iii) Tenant shall abide by all rules made by Landlord’s Building manager with respect to the use of freight, loading dock and service elevators, storage of materials, coordination of work with the contractors of other tenants, and any other matter in connection with this Tenant Work Agreement, including, without limitation, the construction of the Tenant Improvements; and (iv) Tenant and its agents and contractors shall strictly comply with the Conditions for Construction attached hereto as Exhibit F. Tenant shall pay a logistical coordination fee (the “Coordination Fee”) to Landlord in an amount equal to the product amount of (i) five percent (5%) multiplied contract of construction, be issued by (ii) a surety reasonably acceptable to Lessor, be in a form that is reasonably acceptable to Lessor and be for the benefit of Lessor. Prior to the commencement of any construction work upon the Leased Premises Lessee shall obtain a corporate surety bond, satisfactory to Lessor, with Xxxxxx's contractor or contractors as principal, in the sum equal to not less than 100% of the Tenant Improvement Allowance, amount of the Cost Overage, as contract for the completion of such amount may be increased hereunderwork guaranteeing the payments of wages for services engaged and of bills contracted for materials supplied and equipment used in the performance of such work, and protecting Lessor from any other amounts expended by Tenant in connection with the design liability (including attorney's fees), and construction of the Tenant Improvements, which Coordination Fee shall be loss for services relating to the coordination of the construction of the Tenant Improvementsdamage arising therefrom.

Construction of Improvements. All work performed by Tenant’s contractor shall comply with Landlord and Tenant have approved ----------------------------- preliminary specifications for the Expansion and all applicable ordinancesrelated site Improvements (collectively the "Improvements"), codes and regulations and shall be performed in a good and workmanlike mannerwhich preliminary specifications are attached hereto as Exhibit B (preliminary Specifications"). Tenant shall deliver copies has authorized Landlord to proceed with the preparation of all permits final architectural and all periodic governmental inspection reports with respect to engineering drawings, plans and specifications for the Tenant Improvements promptly after receipt thereof by Tenant or Tenant’s contractorimprovements. Landlord should be notified in advance of requested inspections Once those drawings, plans and may attend inspections to observe on behalf of the Building. At all times during construction of the Tenant Improvementsspecifications are completed, Landlord will deliver a full set thereof to Tenant for its review and Landlord’s employees approval. Tenant will notify Landlord within 15 days after its receipt of such drawings, plans and agents shall specifications of its approval thereof or its objections to anything contained therein, which objections, if any, will be premised solely upon the fact that such drawings, plans and specifications are inconsistent with the approved Preliminary Specifications attached hereto as Exhibit B. If Landlord does not modify the drawings, plans and specifications to meet Tenant's reasonable objections within 15 days after its receipt of Tenant's objection notice, then Tenant will have the right to enter the Premises terminate this Lease with no obligation whatsoever to inspect the work. Tenant shall not close-up any work affecting the life safety, heating, ventilation and air conditioning, plumbing or electrical systems in the Premises until the same have been inspected and approved by Landlord’s agents. Tenant shall provide Landlord reasonable notice of the date it intends to close up work affecting life safety, heating, ventilation and air conditioning, plumbing and electrical systems in the Premises. Landlord shall inspect the work to be closed up within three (3) business days of such notice. If Landlord does not inspect satisfies Tenant's reasonable objections or if Tenant has no such objections, then the work drawings, plans and specifications as approved by Tenant will constitute the "Final Plans and Specifications" and will be deemed Incorporated herein by this reference. If Tenant desires to make any revisions to the Final Plans and Specifications (which, for this purpose, will include any desired repairs or improvements to the Existing Building), Tenant will so notify Landlord and Landlord will then cause its general contractor to prepare a cost estimate for the making of such changes. Landlord will promptly notify Tenant of any increased costs or savings resulting from such changes and Tenant will then have the right to require Landlord to cause such changes to be closed up within three made to the Final Plans and Specifications. If the aggregate of all such changes (3) business days, Landlord shall be deemed to have waived its right to inspect. No inspection or approval by Landlord net of any savings) results in a net increase in the cost of the construction of the Improvements, then Tenant will pay Landlord such work shall constitute net increase within ten days after Landlord's written demand for the payment thereof. At Tenant's election, any net increase in the cost of the construction of the improvements resulting from any of the aforementioned changes may be funded by a per square foot increase in the Base Rent in an endorsement thereof with amount equal to $.01 per square foot for every $9.730 of such net increase in construction costs. If any governmental ordinanceschange requested by Tenant will, codes or regulationsin the judgment of Landlord's contractor cause a delay in the anticipated date for the substantial completion of construction of the improvements, then Landlord will so notify Tenant and the contemplated substantial completion date will be deferred accordingly. For the purposes of this Lease, the term "Final Plans and Specifications" will include all change orders which are submitted and approved in the manner set forth in this Section 2. Landlord hereby acknowledges and agrees that if Tenant shall be fully responsible adds a mezzanine within the Building at its sole cost and liable therefor. Tenant shall reimburse Landlord for expense, then such addition will not in any repairs or corrections of any portion event change the square footage of the Building or increase the Base Rent payable by Tenant hereunder. Landlord will cause the improvements to be constructed in accordance with the Final Plans and Specifications. Landlord will use its best efforts to substantially complete construction of the improvements on or before May 31, 1994, subject to delays caused by any contractorthe occurrence of events beyond its reasonable control ("Delay Events"), subcontractorincluding, supplierwithout limitation, xxxxxxx or mechanic performing any work labor troubles, inability to procure materials, restrictive governmental laws and pronouncements, acts of God, unseasonable weather, Tenant's failure to respond to the drawings, plans and specifications submitted to it for its review and approval within the 15-day period mandated in the Premisesthis Section 2 and Tenant's requested change orders. Upon the occurrence of any Delay Event, the targeted date for the substantial completion of the construction of the Tenant Improvements, Tenant shall provide Landlord with marked copies improvements will be extended by a number of days equal to the number of days of the construction drawings indicating to delay caused by the extent possible occurrence of such Delay Event. For the actual Tenant Improvements in purposes of this Lease, the Premises, a certificate of occupancy and improvements will be deemed "substantially completed" on the results of any inspections and/or approvals given or required by any governmental agency. Tenant’s and Tenant’s agent’s construction of the Tenant Improvements shall comply with the followingearlier of: (ia) the date on which Tenant Improvements shall be constructed in strict accordance with occupies the Approved Working Drawings; Building for the conduct of its business operations (ii) Tenant’s Agents shall submit schedules of all work relating to the Tenant’s Improvements to the general contractor and the general contractor shall, within five (5) business days of receipt thereof, inform Tenant’s agents of any changes which are necessary thereto, and Tenant’s agents shall adhere to such corrected schedule; (iii) Tenant shall abide by all rules made by Landlord’s Building manager with respect to the use of freight, loading dock and service elevators, storage of materials, coordination of work with the contractors of other tenants, and any other matter in connection with this Tenant Work Agreement, including, without limitation, the testing of the sorter to be used by Tenant in the Building); or (b) the date on which Landlord completes construction of the Tenant Improvements; and (iv) Tenant and its agents and contractors shall strictly comply improvements in accordance with the Conditions Final Plans and Specifications (subject to such punchlist construction items as are mutually agreed upon by Landlord and Tenant) and a certificate of occupancy for Construction attached hereto as Exhibit F. the improvements is issued by the appropriate governmental authority, which certificate of occupancy will permit Tenant shall pay a logistical coordination fee (to operate its business in the “Coordination Fee”) normal course. If Landlord fails to Landlord in an amount equal to the product of (i) five percent (5%) multiplied by (ii) the sum of the Tenant Improvement Allowance, the Cost Overage, as such amount may be increased hereunder, and any other amounts expended by Tenant in connection with the design and substantially complete construction of the improvements on or before October 31, 1994, for any reason other than the occurrence of a Delay Event (as that term is earlier defined in this Section 2), then Tenant Improvementswill have the right to terminate its obligation under this Lease by delivering written notice of termination to Landlord on or before 30 days after such outside date for substantial completion. It is possible that the Building may be expanded in the future by the addition of a second phase of the construction ("Future Phase"). Once the plans and specifications for such Future Phase are agreed to by Landlord and Tenant, which Coordination Fee shall be for services relating Landlord agrees to take the coordination of following actions: (y) bid the construction of the Tenant ImprovementsFuture Phase to a list of contractors mutually agreeable to Landlord and Tenant; and (z) price the resulting increase in Base Rent based upon then prevailing financing conditions and the duration of the lease term.

Construction of Improvements. All work performed by Tenant’s contractor shall comply with all applicable ordinances, codes and regulations and shall be performed in a good and workmanlike manner. Tenant shall deliver copies of all permits and all periodic governmental inspection reports with respect to the Tenant Improvements promptly after receipt thereof by Tenant or Tenant’s contractor. Landlord should be notified in advance of requested inspections and may attend inspections to observe on behalf of the Building. At all times during construction of the Tenant Improvements, Landlord and Landlord’s employees and agents shall have the right to enter the Premises to inspect the work. Tenant shall not close-up any work affecting the life safety, heating, ventilation and air conditioning, plumbing or electrical systems in the Premises until the same have been inspected and approved by Landlord’s agents. Tenant shall provide Landlord reasonable notice of the date it intends to close up work affecting life safety, heating, ventilation and air conditioning, plumbing and electrical systems in the Premises. Landlord shall inspect the work to be closed up within three (3) business days of such notice. If Landlord does not inspect the work to be closed up within three (3) business days, Landlord shall be deemed to have waived its right to inspect. No inspection or approval by Landlord of any such work shall constitute an endorsement thereof with any governmental ordinances, codes or regulations, and Tenant shall be fully responsible and liable therefor. Tenant shall reimburse Landlord for any repairs or corrections of any portion of the Building caused by any contractor, subcontractor, supplier, xxxxxxx wxxxxxx or mechanic performing any work in the Premises. Upon completion of the construction of the Tenant Improvements, Tenant shall provide Landlord with marked copies of the construction drawings indicating to the extent possible the actual Tenant Improvements in the Premises, a certificate of occupancy and the results of any inspections and/or approvals given or required by any governmental agency. Tenant’s and Tenant’s agent’s construction of the Tenant Improvements shall comply with the following: (i) the Tenant Improvements shall be constructed in strict accordance with the Approved Working Drawings; (ii) Tenant’s Agents shall submit schedules of all work relating to the Tenant’s Improvements to the general contractor and the general contractor shall, within five (5) business days of receipt thereof, inform Tenant’s agents of any changes which are necessary thereto, and Tenant’s agents shall adhere to such corrected schedule; (iii) Tenant shall abide by all rules made by Landlord’s Building manager with respect to the use of freight, loading dock and service elevators, storage of materials, coordination of work with the contractors of other tenants, and any other matter in connection with this Tenant Work Agreement, including, without limitation, the construction of the Tenant Improvements; and (iv) Tenant and its agents and contractors shall strictly comply with the Conditions for Construction attached hereto as Exhibit F. Tenant shall pay a logistical coordination fee (the “Coordination Fee”) to Landlord in an amount equal to the product of (i) five percent (5%) multiplied by (ii) the sum of the Tenant Improvement Allowance, the Cost Overage, as such amount may be increased hereunder, and any other amounts expended by Tenant in connection with the design and construction of the Tenant Improvements, which Coordination Fee shall be for services relating to the coordination of the construction of the Tenant Improvements.

Construction of Improvements. All work performed by Tenant’s contractor shall comply with all applicable ordinances, codes and regulations and shall be performed in a good and workmanlike manner. Tenant Subtenant shall deliver copies to Sublandlord and Landlord of all permits and all periodic governmental inspection reports with respect to the Tenant First Amendment Subtenant Improvements promptly after receipt thereof by Tenant Subtenant or TenantSubtenant’s contractor. Sublandlord and Landlord should be notified in advance of requested inspections and may attend inspections to observe on behalf of the BuildingBuilding or the Master Lease Premises. At all times during construction of the Tenant First Amendment Subtenant Improvements, Landlord Sublandlord and Landlord’s , and each of their respective employees and agents shall have the right to enter the Premises First Amendment Expansion Space to inspect the work. Tenant shall not close-up any work affecting the life safety, heating, ventilation and air conditioning, plumbing or electrical systems in the Premises until the same have been inspected and approved by Landlord’s agents. Tenant shall provide Landlord reasonable notice of the date it intends to close up work affecting life safety, heating, ventilation and air conditioning, plumbing and electrical systems in the Premises. Landlord shall inspect the work to be closed up within three (3) business days of such notice. If Landlord does not inspect the work to be closed up within three (3) business days, Landlord shall be deemed to have waived its right to inspect. No inspection or approval by Sublandlord and Landlord of any such work shall constitute an endorsement thereof with any governmental ordinances, codes or regulations, and Tenant Subtenant shall be fully responsible and liable therefor. Tenant Subtenant shall reimburse Landlord Sublandlord and Landlord, as applicable, for any repairs or corrections of any portion of the Building or the Master Lease Premises caused by any contractor, subcontractor, supplier, xxxxxxx or mechanic performing any work in the PremisesFirst Amendment Expansion Space. Upon completion of the construction of the Tenant First Amendment Subtenant Improvements, Tenant Subtenant shall provide Sublandlord and Landlord with marked copies of the construction drawings indicating to the extent possible the actual Tenant First Amendment Subtenant Improvements in the PremisesFirst Amendment Expansion Space, a certificate of occupancy and the results of any inspections and/or approvals given or required by any governmental agency. TenantSubtenant’s and TenantSubtenant’s agent’s construction of the Tenant First Amendment Subtenant Improvements shall comply with the following: (i) the Tenant First Amendment Subtenant Improvements shall be constructed in strict accordance with the Approved Working Drawings; (ii) TenantSubtenant’s Agents agents shall submit schedules of all work relating to the Tenant’s First Amendment Subtenant Improvements to the general contractor and the general contractor shall, within five (5) business days of receipt thereof, inform TenantSubtenant’s agents of any changes which are necessary thereto, and TenantSubtenant’s agents shall adhere to such corrected schedule; (iii) Tenant Subtenant shall abide by all rules made by Landlord’s Sublandlord, Landlord and/or the Building manager with respect to the use of freight, loading dock and service elevators, storage of materials, coordination of work with the contractors of other tenants, or of Sublandlord or Landlord, and any other matter in connection with this Tenant Work Agreement, including, without limitation, the construction of the Tenant First Amendment Subtenant Improvements; and (iv) Tenant Subtenant and its agents and contractors shall strictly comply with the Conditions for Construction attached hereto as Exhibit F. Tenant Construction. Subtenant shall pay a logistical coordination fee (the “Coordination Fee”) to Landlord in an amount equal to the product of (i) five percent (5%) multiplied any and all fees assessed by (ii) the sum of the Tenant Improvement Allowance, the Cost Overage, as such amount may be increased hereunder, and any other amounts expended by Tenant in connection with the design and construction of the Tenant Improvements, which Coordination Fee shall be for services Landlord relating to the supervision and/or coordination of the construction of the Tenant First Amendment Subtenant Improvements coordination. Sublandlord shall not charge Subtenant any supervision or coordinate fees in connection with the First Amendment Subtenant Improvements.